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The preliminary injunction preventing the Chicago Transit Authority (CTA) from banning M- and AO-rated video game ads is now here to stay. GamePolitics has the PDF of US District Court Judge Rebecca Pallmeyer's May 17 ruling that places a "permanent injunction" on CTA ordinance No. 008-147, which banned the mature rated ads.

The CTA has agreed not to appeal the decision -- probably because it's already getting stuck with paying the Entertainment Software Association's lawyers' fees on this matter. According to the court document, if the CTA violates the permanent injunction, the ESA has the right to send the CTA a bill for any future attorneys' fees. ESA President Mike Gallagher said in a statement, "We are pleased that the CTA chose not to pursue this further and waste valuable resources on this matter."

Read | Permalink | Email this | Comments]]>chicago-transit-authorityctaEntertainment-software-associationesalawpoliticsWed, 02 Jun 2010 13:25:00 ESThttp://www.joystiq.com/2010/01/08/chicago-transit-authority-cant-ban-game-ads-judge-rules/http://www.joystiq.com/2010/01/08/chicago-transit-authority-cant-ban-game-ads-judge-rules/http://www.joystiq.com/2010/01/08/chicago-transit-authority-cant-ban-game-ads-judge-rules/#comments
The Entertainment Software Association today announced an early victory in its ongoing lawsuit with the Chicago Transit Authority over the banning of game-related ads in April 2008. The U.S. District Court for the Northern District of Illinois has sided with the ESA, granting a preliminary injunction, in turn, allowing video game advertisements to once again be displayed in Chicago's transit system.

A "preliminary injunction" in this case means that, for the time being, the CTA can't ban gaming ads. Pending further litigation, the injunction could still be repealed or further solidified. ESA head Michael Gallagher said in the release that he still hopes the CTA wil "see the futility in pursuing this case further," adding that to continue further will only "waste taxpayer money and government resources."

Read | Permalink | Email this | Comments]]>chicago-transit-authorityctaentertainment-software-associationesainjunctionlawsuitlegalmichael-gallagherpreliminary-injunctionFri, 08 Jan 2010 12:07:00 ESThttp://www.joystiq.com/2009/07/22/esa-sues-chicago-transit-authority-over-advertising-discriminati/http://www.joystiq.com/2009/07/22/esa-sues-chicago-transit-authority-over-advertising-discriminati/http://www.joystiq.com/2009/07/22/esa-sues-chicago-transit-authority-over-advertising-discriminati/#comments
The Entertainment Software Association is suing the Chicago Transit Authority for unfairly targeting video games and banning advertisements of Mature- or AO-rated titles. ESA CEO Mike Gallagher states that video games are under the same First Amendment protections as other entertainment mediums. The double-edged sword here is that either the CTA can ban R-rated and TV-MA advertisements to make the rule fair across the board, or the ESA will likely win given past history.

The anti-video game ad ordinance (CTA Ordinance 008-147) was enacted in January of this year, which prohibits advertisement and marketing that "identifies a video or computer game rated "Mature 17+" (M) or "Adults Only 18+" (AO)." We're following up with the ESA for more details and will update if we receive any more information.

Take-Two has sued the Chicago Transit Authority for violating its free speech and contractual rights after the authority pulled ads for Grand Theft Auto IV on the transit system without explanation. Reuters reports that Take-Two accuses the CTA of violating the contract for the $300,000 ad campaign that involved running GTA IV ads around the transit system for six weeks between April and June.

The suit seeks an order for the CTA to run the ads, as well as at least $300,000 in damages. Reuters states the GTA IV posters were removed following a FOX news report on the ads. Now, we're not lawyers (although we do have one writing for us), so we can't say if the CTA violated a basic contract, but Chicago residents should let us know if they see the ads back up and snap a photo.